EU STANDARDS FOR PROTECTING THE RIGHT TO PRIVACY IN THE AREA OF CYBERSECURITY

Abstract

The subject of the analysis undertaken in the article is the legislative acquis of the European Union setting standards for the protection of the right to privacy in the area of cybersecurity. The author points out that the source of the legislative activity of the European Union in this area is the conviction about the need to create legal solutions that would meet the challenges related to the development of modern technology in the area of IT services provided on a global scale via the Internet. The most general legal framework is the guarantee of the right to privacy, which has been developed by the international community along with the development of a universal and regional (European) system of human rights protection. Therefore, the EU standards for the protection of the right to privacy in cyberspace are determined by the provisions of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Against the background of these conventions, acts of secondary law of the European Union, which set out detailed instruments for the protection of individual rights, should be considered. These include, in particular, the General Data Protection Regulation (GDPR) and other acts specifying the security of data flow. The acquis of the European Union is a point of reference for national human rights protection systems. In Poland, it is designated by the provisions of the Constitution of 1997.